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natpinnock

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Everything posted by natpinnock

  1. Hi again, With reference to part 6 the following paragraph stands out: Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).As I had not replied to any previous correspondence sent to the old address, surely that would have reason to believe this is an address at which I no longer reside? And "reasonable steps" would have involved checking the electoral roll, at which point I would have shown at a new address. Credit checks would also have shown this. There is also a section regarding alternative methods of service, i.e. electronically - they had my email address, could they not have issued papers this way?Re part 13 I believe mandatory - The judge should believe the defendant would be able to defend the claim. I already had email proof that I was willing to pay the amount, following setting up the payment plan. Had I known about the judgement I would obviously have either paid in full or requested more time to pay by installments. Any advice on how to proceed? Thanks for your help so far.
  2. No i didnt realise the payments were not being taken - I'm waiting to receive some copy statements from the old account so will trawl through then. My defense would be that I had contacted them to make a payments arrangement and started making payments, but then for some reason they stopped being taken. Had I recevied the forms/known about the CCJ I would have been able to contact them regarding the missing payments and rectify the situation within the appropriate time limits. Also is it not in my favour that they did not contact me to day they werent getting the payments before going in for the CCJ?Again clutching at straws but its my only hope so it would be great if someone could advise of the best couse of action with the set aside. Should I contact the creditor or just deal with the courts only? Thanks
  3. Right guys, thanks for all your help so far, heres an update on my poor state of financial affairs:I have searched old emails and found that on 22nd Dec 2010 I agreed to pay £50 a month to clear the account. Tower capital then stated that no further action would be taken. I have not yet checked old bank statements (need to request from bank as I dont have access to that account anymore) but I am presuming for some reason this wasnt collected by them (they were meant to be collecting the payment with my card details) and then the judgement was entered in April 2011. I have received no further correspondence from them after setting up the payment plan, and had presumed that the account was clear. I didn't ever provide my new address however. Does this provide me with any further grounds for a set aside? I.e. set up and arrangement but received no further contact from creditor when they could not take payment?Also I have not yet contacted Tower Capital regarding this. Is there any way I can get them to remove the judgement if i pay the outstaning balance in full, do they have any power to request this or does it all sit with the court now? I know I am clutching at straws but I need all the help posible with this, I'd rather give it a shot than just lie down and be left with a CCJ for 5 more years. Thanks in advance.
  4. I'm slowly learning that now asokn! Address of loan and judgement are the same, but have since moved. Thanks for your help!
  5. Hi everyone, I am in the process of setting up a DMP with CCCS. I checked my credit report (which I've been too scared to so for a long time) and found I have a CCJ which was registered on 11/04/2011 to an address I lived at when I was a student (about 4 years ago). This is for a payday loan debt I hoped had gone away. Does anyone know if a CCJ is enforceable if it has been issued to an old address, as I had no knowledge of it and was unable to put together any defence? Or is there any process I can go through to appeal it or get it set aside? Thanks
  6. Hi, I applied for a £200 loan with these people last wednesday, and they emailed me asking for a copy of my bank statement, which I sent onto them. Then at 8pm monday night I get an email saying I have been accepted and the loan will be transferred tonight (presumably monday night). Its wednesday morning and I still haven't received the money or an answer to my email to them about when it will be in my account. Is anyone having similar issues with Capital Finance One?Its also worth saying I'm using this loan to tie me over til the end of the month until the deposit on a flat I've moved out of is returned, and I will definately be able to afford the repayments when they fall due. Many thanks in advance. NP
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